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Ex parte Trove

COURT OF CRIMINAL APPEALS OF TEXAS
Mar 20, 2019
NO. WR-16,678-06 (Tex. Crim. App. Mar. 20, 2019)

Opinion

NO. WR-16,678-06

03-20-2019

EX PARTE ERIK THOR TROVE, Applicant


ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. D-1-DC-04-904129-A IN THE 299TH DISTRICT COURT FROM TRAVIS COUNTY

Per curiam. ORDER

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of retaliation and sentenced to twenty-five years' imprisonment. The Third Court of Appeals affirmed his conviction. Trove v. State, No. 03-04-00578-CR (Tex. App.—Austin Nov. 14, 2007) (not designated for publication).

Applicant contends that trial and appellate counsel were ineffective. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact. The trial court may use any means set out in TEX. CODE CRIM. PROC. art. 11.07, § 3(d).

Applicant appears to be represented by counsel. If he is not and the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an attorney to represent him at the hearing. TEX. CODE CRIM. PROC. art. 26.04.

The trial court shall make findings of fact and conclusions of law as to whether trial and appellate counsel's conduct was deficient and Applicant was prejudiced. The trial court shall also make any other findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant's claims for habeas corpus relief.

This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 90 days of this order. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with the trial court's supplemental findings of fact and conclusions of law, shall be forwarded to this Court within 120 days of the date of this order. Any extensions of time must be requested by the trial court and shall be obtained from this Court. Filed: March 20, 2019
Do not publish


Summaries of

Ex parte Trove

COURT OF CRIMINAL APPEALS OF TEXAS
Mar 20, 2019
NO. WR-16,678-06 (Tex. Crim. App. Mar. 20, 2019)
Case details for

Ex parte Trove

Case Details

Full title:EX PARTE ERIK THOR TROVE, Applicant

Court:COURT OF CRIMINAL APPEALS OF TEXAS

Date published: Mar 20, 2019

Citations

NO. WR-16,678-06 (Tex. Crim. App. Mar. 20, 2019)